By VANESSA HO AND BRAD WONG, P-I REPORTERS

Published 10:00 pm, Friday, October 10, 2008

In Fremont, the George & Dragon calls itself Seattle's only authentic English pub, right down to its pints, football on the telly -- and apparently its well-used ashtrays.

In Belltown, Zaina Cafe has stayed true to its Middle Eastern roots, allowing customers to enjoy hookahs in its courtyard.

But Public Health -- Seattle & King County wants to snuff out the brazen smoking and filed lawsuits this week against both businesses, the first time the agency has sought court orders against businesses that violate a 2005 state smoking ban in bars and restaurants. The voter-approved law also forbids smoking within 25 feet of doors, windows and vents of public places.

"These places have exhibited little or no sincerity with coming into compliance," said Scott Neal, tobacco-prevention program manager for Public Health. The lawsuits seek to impose fines of $100 per day until the restaurants are in compliance.

Neal said his program forgoes heavy fines in favor of a "complaint-based system." Usually, an inspector tells a business how to follow the law if a violation is found, and the business falls quickly into line, he said.

A second violation nets a $100 fine. Public Health has levied few such fines -- roughly 10 since the law was enacted.

"Typically, it works very well, and we don't have repeat offenders," Neal said.

That was not the case with Zaina and the George & Dragon, he said.

According to court documents, health inspectors received four complaints about Zaina and saw people smoking there six times.

In July, a health inspector saw two restaurant workers smoking near a back door and about 50 butt-filled ashtrays on the outside tables.

Another time, a restaurant worker told an inspector, "We do hookah here, outside. I'm not going to lie" and offered to set up the water pipe, according to Public Health's court complaint.

The restaurant was fined $100, but didn't pay.

Owner Shaher Abuelkhair said he felt inspectors were "targeting" him because they let other smoky restaurants and bars slide.

Despite the discovery of ashtrays, he said he does not tolerate cigarette smoking in his business, but felt differently about hookahs, or water pipes.

He said health inspectors made him stop using hookahs inside his other Zaina restaurant -- on Cherry Street in Pioneer Square -- but thought it was legal to smoke hookahs outside, in the courtyard of his Belltown cafe.

"I'm from the Middle East," he said. "Hookah is traditional. It's all over. It's a social event."

He said he will consult with his lawyer on what to do.

At the George & Dragon, health inspectors observed smoking eight times and received 15 complaints, according to the lawsuit. The agency levied two $100 fines, only one of which was paid.

Co-owner John Bayliss said the rules were difficult to enforce; he can't police customers all the time, he said.

"Apart from manhandling people, we're not going to do that," he said. "We're not going to throw people out. The times are hard."

He added that smoking has not occurred inside his pub since the ban.

As she stood outside smoking a cigarette, customer Julie Bacon said she opposed the lawsuit. She was standing under a tent near the pub's outdoor decks, believing it was far enough from the doors to be in line with state law.

"We're frustrated we can't have a drink in one hand and a cigarette in the other," said Bacon, 32, of Seattle. "They go hand in hand."